Assault & Battery Contact Assault

H

Hg217

New Member
Jurisdiction
Texas
I was recently contacted by a detecitive and told I need to come into the police department for a contact assault from an incident that happened end of March.

Back to March:
A person(we will call her the girl) and I got into a heated argument, while holding her child she pushed me and I pushed her back. After that I walked away and told her sister what happened. The girl and I, once again, got into an argument that led to us pushing each other and falling to the ground. The girl hit her head on the way down and ended up blacking out and getting a contusion on the back if her head. The police and an ambulance came, the police there questioned me and the sister about what happened and we told them. The police officers there said they are calling in a mutual combat bc she and I both engaged in the fight.

I thought this was the end of it until Tuesday a detective called me saying Brittany was pursuing charges and after reviewing case and citation he is issuing me a citation for "conduct assault"
He is saying the sister of the girl is now saying I came up to her and only said that I pushed the girl and not that she pushed me first and I pushed back in the first initial contact. The fact that WE fell and she hit her head has never been brought up.
My question is,
Should I go to police station to get citation, like the detective asked? While there should I file a complaint about her? What's the next step here?
 
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Never ever talk to, or discuss anything with the police.
Mate, all the cops want is your statement.
That never helps you.
You need to politely decline the request for any interview.

Watch this video by my friend, a very smart criminal defense attorney:



Now, I suggest you arrange bail, contact the detective and ask where he wishes you to surrender.

Tell the detective under the advice of your attorney you have invoked and will remain silent.
 
army judge said:
Never ever talk to, or discuss anything with the police.
Mate, all the cops want is your statement.
That never helps you.
You need to politely drone the request for any interview.

Watch this video by my friend, a very smart criminal defense attorney:



Now, I suggest you arrange bail, contact the detective and ask where he wishes you to surrender.

Tell the detective under the advice of your attorney you have invoked and will remain silent.
Click to expand...

Originally he asked me to come in and make an official statement, which I never did but I did give him my side of story over the phone., which apparently I shouldn't have
The detective didn't ask me to surrender but said I can come into the station to get my citation. I have young children, and he said they can come and I will just get the citation to show up in court and have to appear in court on a later date. No arrest.
He said they were originally pursuing it as assault but after reviewing the statements it will only be a Contact assault which is a class C misdemeanor

The only thing he ever brought up was me pushing her, never anything after as that had witnesses that stated to the police that it was mutual.
It's contact assault not assault or aggravated assault. So it seems what they are harping on is the push. No?
 
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Should I file the same charges on the girl who pushed me since she Intiated the contact? I know the citation is only up to a $500 fine but I would like to keep it off my record.
 
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Hg217 said:
Should I file the same charges on the girl who pushed me since she Intiated the contact? I know the citation is only up to a $500 fine but I would like to keep it off my record.
Click to expand...

The video told you what to do.
It also said the police are allowed to, and trained to lie.
I suggest you worry about your predicament, because its too late to claim she tagged you, you were only tagging her back.

You need to hire a lawyer if you want to minimize the impact f this sticky mess.
If you choose not to hire a lawyer, one won't be appointed to represent you for a class C misdemeanor.
The state only wants you to plead.
Be smart, avoid smearing your good name, hire a good criminal defense lawyer in your county.
 
Hg217 said:
Video link not working
Click to expand...

It's working, but you might not have Java turned on, or your browser may not support it.

So, Google - or search using your preferred search engine - IN PRAISE OF THE FIFTH AMENDMENT

You'll be directed to YouTube, enjoy.
 
What you can do is get her statement. But I'd have to agree with @army judge - what benefit is it for you to go into the police station other than to file a complaint against her? And if you do, you had better make sure that you aren't incriminating yourself.

I'm not quite sure why someone would file a complaint against you so much later and you have to wonder whether they want other damages as well. There is more to this story and you'll almost certainly want representation, at least from the beginning.
 

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